Dec 7, 2012 5:00pm PST
it's going to play out the doma case prop 8 case how two different cases how do you think doma case. >> doma case involves whether someone who had lived with domestic partner for 45 years should have to pay estate taxes where if they lived as husband and wife she would not have to pay estate taxes and prop 8 involves whether or not gay marriage is simply legal. i think what we are seeing here they only need four justices to decide whether to take the issue. i think there is a little bit of politics there because if obama appoints more justices, they are not going to have to get the issue before the court. i think expect that the court going to say that gay marriage is legal just as they said you couldn't ban racially mixed racial marriages and things of that sort. you know, husband and wife, man and woman does not appear in the constitution. it's more a policy or religious decision than a legal decision. legally i don't think they can ban it. >> laura: i clerked at the court quite a few years ago now back in 1993. but predicting what the court is going to do is always quite difficul
Dec 9, 2012 9:00am PST
to consider choosing and two prop 8 ones. they have one doma and one prop 8. >> what's fascinating, this is a court that has avoided this issue. it's been pathological. everyone in lawrence v. texas, the opinion was distorted in my ways because of a clear effort not to say anything that would have baring on the same-sex marriage issue. suddenly, they take two issues with the broadest possible front. the question is, what are they going to do and whether they are going to reach an impasse. if there's an impasse, sometimes they go for narrow decisions. there are outs in these cases. both cases have standing issues. questions of whether these are the party that is have a right to bring this type of challenge. the standing issues are particularly prominent in the doma case. the proposition 8 case probably offers the broadest scope for a major ruling. what people, many people hope, is that that would be the case where the court says this violates equal protection. you can't deny these people the same rights of marriage. if it were to do that, then it would effectively set aside 31 state
Dec 8, 2012 11:00am PST
the federal defense of marriage act, or d doma, and another involving california's proposition 8, banning same-sex marriages in that state. for analysis into these historic cases, what's going to be a historic hearing, i want to bring in kinji yoshityoshito, professor of constitutional law at new york city. great to see you. >> good to see you. >> put prop 8 aside for a second. do you believe that the supreme court will strike down doma. this is what what you've said. walk me through your thinking on that one. >> y bet. so doma is a really narrow challenge insofar as what the statute does is it says for federal purposes marriages are defined between one man and one woman. so i think it might be best to clarify this by example. so you take edie windsor, a plaintiff coming out of new york who's going to be the plaintiff in this case. she was with another woman for 40 years. they got married in 2007. when her partner passed away, her wife passed away, for state purposes, in the eyes of new york state, she was next of kin. so her remains were released to edie. but for federal purposes, they were c
Dec 3, 2012 8:00am PST
a decision that's down the road. there's a variety of different ways they could decide on doma. you know, they don't have to decide on equal protection grounds but the narrow question of benefits or certain benefits or certain tax breaks that married people who happen to be same sex should get or shouldn't get. so, there's a whole range of ways they could consider this. it doesn't mean they're just going to go in and determine that a law against same-sex marriage is illegal discrimination. there are a lot of other things they can do with it. >> benefits are one thing. recognition and allowance is another thing. here's the other thing. it is real hard to get breaking material and information out of the supreme court before they're ready to give it but on occasion good connections yield something and yet a lock-up in terms of what they might do with prop 8 and doma. >> yeah. that's true. but you have to remember, on these big, sweeping social issues that the court has decided throughout history, desegregation of public schools comes to mind, brown versus the board of education, that sat on
Dec 7, 2012 5:00pm PST
to hear two appeals, one involving doma, the federal defense of marriage act, and the other, a challenge to california's proposition 8 which took away the right for gays and lesbians to legally wed in the state of california. now, the court's expected to hear arguments in march with a ruling by late june, and the decision to take on the issue comes just weeks after voters in three more states approved same sex marriage. no one knows more about the supreme court than our cnn legal analyst, jeffrey toobin. how big a dl is this? put it in perspective. >> this is a major event in american history, not just court history because same sex marriage now is at the center of the american legal world. this was a cause that was seen as a fringe issue as recently as the '90s. >> it wasn't even mentioned as a possibility. >> it was not even mentioned. polling has gone from approximately 20% to 30% support in the '90s, now gallup polls showed 53%, exit polls showed 49%. it now appears to command close to a majority support and now the supreme court may decide that same sex marriage will be the law of t
Dec 7, 2012 8:00pm PST
questions are on the doma case and windsor case. the cases being defended by a group of republican members and it is not clear that they have actual standing to bring the case. so if the court says you don't have standing, then the lower court would prevail and windsor would prevail. >> how would the court's ruling affect marriage equality? >> it couldn't be more important. that case came for african-americans in 1954, i believe. this could be that moment. we're all hoping that it is. this country is an imperfect union by mere fact that we have not recognized the right of people in love to be married. there are 120,000 couples in this country that are directly -- have their interests directly at stake. but it's not just them. the question is will this country embrace this fundamental human right? and i don't believe kennedy wants to be on the wrong side of history on that. to the constitutionty. is doma doomed?
Dec 8, 2012 9:00am PST
. it's 2012 for pete's sake. we should all be equal by now. cheryl harris says "i think doma women get shut down quickly on solid legal grounds. prop 8 harder but kennedy will clear it up." >>> next the tug-of-war over the fiscal cliff. how much are democrats willing to give our entitlement cuts? we'll ask congressman elijah cummings that question. >>> the fight on capitol hill convinces a big powerball winner to claim his fortune now. you're watching "weekends with alex witt." [ woman ] ring. ring. progresso. in what world do potatoes, bacon and cheese add up to 100 calories? your world. ♪ [ whispers ] real bacon... creamy cheese... 100 calories... [ chef ] ma'am [ male announcer ] progresso. you gotta taste this soup. i tell them dentures are very different to real teeth. they're about 10 times softer and may have surface pores where bacteria can grow and multiply. polident is specifically designed to clean dentures daily. its unique micro-clean formula kills 99.9% of odor causing bacteria and helps dissolve stains, cleaning in a better way than brushing with toothpaste. that's why
Dec 3, 2012 2:00am PST
justices will hear cases that challenge the federal defense of merge act or doma as it's known or california's proposition 8 which defines marriage as strictly between a man and a woman. >>> authorities have ordered folks in parts of louisiana to get out of town as they work to secure more than 6 million pounds of gun powder. gun powder. improperly stored m-6 powder was found at camp minden on property leased by expo system. workers are busy moving the powder into authorized facilities on the site. they have safely stored more than 1 million pounds. that is enough to fill 27 18-wheelers. >> wow. nine bodies have been recovered from three crushed, burned out cars in a highway tunnel 50 miles west of tokyo. officials still don't know what caused a 200 foot section of eight inch thick concrete to cave in over the weekend. take a look at these incredible pictures. and they're not saying whether there might be more victims in the rubble. >>> malala yousafzai, that pakistani girl who was shot in the head by the taliban is saying thank you to all of her new friends all over the world.